District of New Jersey • 2:26-cv-06566

#1

Jun 04, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17505748.), filed by ANDREA GABRIELA URETA LIMONES. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 06/04/2026)

#2

Jun 04, 2026

Emergency MOTION for Temporary Restraining Order by ANDREA GABRIELA URETA LIMONES. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 06/04/2026)

#3

Jun 04, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 6/4/2026. (jml, ) (Entered: 06/04/2026)

Jun 04, 2026

Add and Terminate Judges

Jun 04, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 04, 2026

Judge Esther Salas added. (jml, )

#4

Jun 05, 2026

TEXT ORDER : This matter is before the Court on thepro sePetitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 3 ).Pursuant to the All Writs Act, see28 U.S.C. § 1651(a),Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Ecuador, alleges that, on or about November 23, 2023, she entered the United States at or near Lukeville, Arizona, without inspection. (Pet. Paras. 12-13). On November 25, 2023, Petitioner was issued a Notice to Appear charging her with being "an alien present in the United States who has not been admitted or paroled," and she was released from custody. (Id.Paras. 14-15). Petitioner has resided in Newark, New Jersey, where she works as a rideshare driver, has paid her taxes, and has complied with every condition of her release. (Id.Paras. 16-17, 19). "Petitioner has no criminal history of any kind. She has never been arrested, charged, or convicted of any offense in the United States or in any other country, apart from her unlawful entry." (Id.Para. 18). On May 21, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner at a routine check-in and have detained her at the Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (Id.at 2). Based on Petitioner's allegations and this Court's recent decision inDiaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and her Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025);Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025);Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.''" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quotingFajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see alsoBeteta Beteta v. Blanche, No. 26- 4132 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, (D.E. No. 1 ), and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that she has misrepresented her criminal history, they shall file an expedited answer within forty-eight (48) hours of the time of entry of this Text Order. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. The emergency motion for a temporary restraining order, (D.E. No. 2 ("TRO Motion")), is DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. 2 . The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -8), the TRO Motion, (D.E. No. 2 ), the attachment to the TRO Motion, (D.E. No. 2 -1), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address:USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 6/5/2026. (ek) (Entered: 06/05/2026)

Jun 05, 2026

Text Order

#5

Jun 06, 2026

Notice of Appearance

#6

Jun 06, 2026

Letter